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Rokeya Romana Pinkey
In Bangladesh, over a million
Rohingya refugees continue to reside there after fleeing from Myanmar due to
the violence and fear of persecution in Rakhine State, Myanmar. Since 2017,
when it started, the crisis has grown to become one of the world’s largest and
longest refugee crises. In this regard, the government has one clear objective,
which is the voluntary, safe, dignified, and long-term repatriation of the
Rohingya to their Myanmar. However, repatriation is a lengthy and intricate
process that involves a great deal of diplomatic and legal effort.
Understanding Repatriation under International Law
The concept, repatriation is a
process that involves sending someone back to their nation of origin.
International law stipulates that an exercise of this kind must be voluntary,
safe, and dignified. Even though the 1967 Protocol and the 1951 Refugee
Convention are the major international instruments for protecting refugee
rights, Bangladesh has not ratified them. Article 33 of the Refugee Convention
guarantees the principle of non-refoulement, under which refugees must not be
forced back to a country where their life or liberty would be in danger. Bangladesh
has remained a faithful practitioner of this rule. The former Prime Minister of
Bangladesh has repeatedly reaffirmed that the Rohingya refugees would never be
sent back by force. It means, the repatriation would take place only if
conditions in Myanmar are secure and cession of the fear of persecution. However, in terms of the legal position of
Bangladesh, it is not a signatory to the 1951 Refugee Convention.
Despite its legal position, it has taken humanitarian measures to protect
Rohingya refugees. Additionally, it adhered to the principle of non-refoulement
under the provisions of article 33 of the 1951 Convention. As such, on the
grounds of humanity the govt. of Bangladesh granted temporary protection to the
Rohingya refugees to tackle such unforeseen situation.
Bilateral and Multilateral Initiatives
However, as to facilitate
repatriation, Bangladesh entered into several bilateral arrangements with
Myanmar. In this regard, the first arrangement was signed between Bangladesh
and Myanmar in November 2017, known as the “Arrangement on Return of Displaced
Persons from Rakhine State” and a “Physical Arrangement.” This includes the
form for voluntary return after identity verification by Myanmar's authorities.
After that, a follow-up Memorandum of Understanding (MoU) was signed in 2018
between Myanmar, UNHCR, and UNDP. Although Bangladesh did not sign this memorandum,
it applauded this action. Also, it permits reintegration in Rakhine to be
facilitated by international organizations. However, these initiatives faced
challenges in terms of initiating the repatriation process. As such, no
significant repatriation has taken place under these agreements. Similarly, two
significant attempts in 2018 and 2019 also failed because the Rohingya were unwilling to return to
their country of origin due to the fear of being persecuted and denied
citizenship rights in Myanmar.
Diplomatic and Legal Approaches
Bangladesh has tried a number of
diplomatic and legal approaches to end the problem. First of all, it has
brought up the issue at practically every meeting of the UN Human Rights
Council (UNHRC) and the UN General Assembly (UNGA). The country has
consistently urged the global community to put pressure on Myanmar to ensure
repatriation conditions are secure. In addition to that, it has reached out to
international legal action. In 2019, The Gambia had a case against Myanmar in
the International Court of Justice (ICJ) and accused Myanmar of genocide under
the Genocide Convention. Being a signatory state to this Convention, Bangladesh
has joined the case and supported the ICJ's interim orders requesting Myanmar
to provide security for the Rohingya. Additionally, Bangladesh has also
supported the International Criminal Court's (ICC) investigation into the
Rohingya atrocity. The International Criminal Court (ICC) declared in 2019 that
it has jurisdiction over Myanmar even though Myanmar is not a signatory to the
Rome Statute. These legal efforts will be aimed at bringing accountability and
justice and will be mandatory for voluntary repatriation.
Chief
adviser Professor Dr. Yunus’s Diplomatic Push
In this year, Dr. Muhammad Yunus,
the Nobel Laureate and Chief Adviser of Bangladesh’s interim government, is
leading a new effort to repatriate Rohingya refugees back to Myanmar in a safe
manner. In March 2025, Dr. Yunus spoke to the Boao Forum for Asia in China. He
urged Asian leaders to get together and sort out the problem of
the Rohingya as a "regional humanitarian crisis." He also said
that it is not an issue of Bangladesh alone. This can be considered as the
initiative to implement the principle of responsibility to protect.
In April 2025, Dr. Yunus visited
with Myanmar's military chief, Min Aung Hlaing, for the safe return of Rohingya.
As such, Myanmar claims that 180,000 Rohingya are ready to go back.
Additionally, they have also committed to verifying the identities of over
500,000 additional individuals in the near future. In addition to that, he
met with Malaysia's Prime Minister, Anwar Ibrahim, to assist in safe
repatriation. This can assist in achieving a peaceful solution. In light of
this, his strategy highlights the need for regional collaboration and
coordination from the neighbors. However, he emphasizes the need for long-term
fixes rather than temporary assistance in his recommendation.
Persistent Obstacles to Repatriation
Over and above, Bangladesh believes
that repatriation cannot be achieved without regional and international
efforts. In this regard, the United Nations and other international
organizations, such as ASEAN, have been striving to facilitate repatriation
procedures. Despite that, there are still difficulties, especially in ensuring
that the returns are voluntary and safe. In this regard, Myanmar must contribute
to this solution since the Rohingya's safe return depends upon Myanmar
providing them with security and citizenship.
However, repatriation of the
Rohingya refugees is not as easy as it seems to be. There are several obstacles
that Bangladesh must overcome to return Rohingya refugees. Specifically, it is
more difficult for the Rohingya to return safely since Myanmar denies them full
citizenship and privileges. The overcrowding in refugee camps is also harming
Bangladesh's resources. Despite pressure from other nations, Bangladesh is in a
difficult situation, as there is no clear solution as to the safe return of
Rohingya refugees.
Author Details
Rokeya Romana Pinkey
Advocate, Dhaka Judge Court
and
UNESCO fellow